Freedom of Information Act 1982
[ CCH Note: S 62 heading will be amended by No 38 of 2024, s 3 and Sch 4 item 69, by substituting " section 268 of Administrative Review Tribunal Act " for " section 28 of Administrative Appeals Tribunal Act " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
Where, in relation to a decision in respect of a request, the applicant has been given a notice in writing under section 26 , section 28 of the Administrative Appeals Tribunal Act 1975 does not apply to that decision.
[ CCH Note: S 62(1) will be amended by No 38 of 2024, s 3 and Sch 4 item 70, by substituting " section 268 of the Administrative Appeals Review Act 2024 " for " section 28 of the Administrative Appeals Tribunal Act 1975 " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
62(2)
If the Tribunal, upon application for a declaration under this subsection made to it by a person to whom a notice has been furnished in pursuance of subsection 26(1) , considers that the notice does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the Tribunal may make a declaration accordingly, and, where the Tribunal makes such a declaration, the person responsible for furnishing the notice shall, as soon as practicable but in any case within 28 days after the Tribunal makes the declaration, furnish to the applicant an additional notice or additional notices containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.
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